Medical marijuana’s impact on child custody

On behalf of Harold Zuflacht of Higdon, Hardy & Zuflacht, L.L.P. posted in child custody on Thursday, February 18, 2016.

Over the course of the last decade, the use of medical marijuana has received a great deal of attention. More and more states, including Texas, seem to be recognizing the potential benefits of such treatment for a variety of medical issues. However, certain child custody cases have many parents wondering how the use of a prescribed substance will impact their rights to care for their children. For example, an out-of-state veteran claims that his children were taken by the state due to his use of medical marijuana.

The man served in the Navy during the Gulf War. Unfortunately, he now suffers from chronic pain and post traumatic stress. He has been treating these issues with cannabis, claiming that this treatment is the only one that has helped his variety of symptoms, including anxiety and depression.

Nine months ago, the man and his wife were preparing to move from Kansas to Colorado where they could legally grow marijuana to help others suffering similarly. While they were making arrangements out of state, he claims that Kansas took custody of five his children. He asserts that the children were taken as a result of his use of medical marijuana; however, a representative for the state claims that children would not be removed from the home simply because of such drug use.

While child custody issues involving parents who utilize medical marijuana seem to receive a significant amount of media attention, many argue that there are no studies that support the claim that children of such parents are in danger. Unfortunately, parents could be left in limbo in a situation such as this where their child is in no harm. Because of the complexities of dealing with family law issues in Texas, many have sought an experienced attorney to help fight to protect their parental rights.